Leitz v. Saskatoon Drug and Stationery Co. and T.C. Distributors (1970) Ltd., (1980) 4 Sask.R. 35 (QB)

• Judge: Sirois, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: April 28, 1980
• Jurisdiction: Saskatchewan
• Citations: (1980), 4 Sask.R. 35 (QB)

Leitz v. Saskatoon Drug & Stationery (1980), 4 Sask.R. 35 (QB)

MLB headnote and full text

Leitz v. Saskatoon Drug and Stationery Co. Ltd. and T.C. Distributors (1970) Ltd. (defendants) and T.C. Distributors (1970) Ltd. (third party)

(No. 2)

Indexed As: Leitz v. Saskatoon Drug and Stationery Co. and T.C. Distributors (1970) Ltd.

Saskatchewan Court of Queen's Bench

Judicial Centre of Saskatoon

Sirois, J.

April 28, 1980.

Summary:

This case arose out of a claim for damages for eye injuries suffered by the plaintiff when he was struck in the face by a baseball which caused his sunglasses to splinter and enter his eye. The sunglasses were sold to the plaintiff by the defendant drug store and were distributed by the defendant distributor. The distributor devised a tag which was attached to the sunglasses which stated: FIRST IN SAFETY IMPACT AND SCRATCH RESISTANT GLASS LENSES.

The Saskatchewan Court of Queen's Bench allowed the plaintiff's action and held both the drug store and distributor liable to the plaintiff.

Sale of Goods - Topic 4343

Warranties - Sale by description - What constitutes a sale by description - The plaintiff purchased a pair of sunglasses at a drug store and attached to the glasses was a tag which stated: FIRST IN SAFETY IMPACT AND SCRATCH RESISTANT GLASS LENSES - The Saskatchewan Court of Queen's Bench stated that the sale was a sale by description and that there was an implied condition of merchantable quality under s. 16 of the Sale of Goods Act - See paragraphs 9 and 10.

Sale of Goods - Topic 4348

Warranties - Sale by description - Implied condition of merchantable quality - The plaintiff purchased a pair of sunglasses at a drug store and attached to the glasses was a tag which stated: FIRST IN SAFETY IMPACT AND SCRATCH RESISTANT GLASS LENSES - In fact the glasses possessed no impact-resistant qualities and the plaintiff was injured when he was struck in the face by a baseball which caused the glasses to splinter and enter his eye - The Saskatchewan Court of Queen's Bench held that the drug store was liable to the plaintiff for his injuries - The Court of Queen's Bench stated that the sunglasses were bought by description and the glasses were not of merchantable quality - See paragraphs 10 and 11.

Torts - Topic 4355

Suppliers of goods - Products liability - Distributor, negligence - A distributor of sunglasses devised a tag for sunglasses which stated: FIRST IN SAFETY IMPACT AND SCRATCH RESISTANT GLASS LENSES - In fact the glasses possessed no impact-resistant qualities - The plaintiff was injured when struck in the face by a baseball which caused the glasses to splinter and enter his eye - The Saskatchewan Court of Queen's Bench held that the distributor was negligent and liable to the plaintiff - See paragraphs 12 to 14.

Damage Awards - Topic 227

Eye injuries - Impaired vision in one eye - 46 year old male - Permanent partial disability - The Saskatchewan Court of Queen's Bench awarded the plaintiff $12,000.00 for non-pecuniary damages for general damages for personal injuries - See paragraphs 17 to 19.

Cases Noticed:

Donoghue v. Stevenson, [1932] A.C. 562, refd to. [para. 6].

Grant v. Australian Knitting Mills Co. Ltd., [1936] A.C. 85; [1936] 1 W.W.R. 145, refd to. [para. 9].

Morelli v. Fitch & Gibbons, [1938] 2 K.B. 636, refd to. [para. 10].

Shields v. Hobb Manufacturing Co., [1962] O.R. 355; 32 D.L.R.(2d) 273 (C.A.); affirmed [1962] S.C.R. 716; 34 D.L.R.(2d) 307, refd to. [para. 12].

Herschthal v. Stewart & Ardern Ltd., [1939] 4 All E.R. 123 (K.B.), refd to. [para. 12].

Watson v. Buckley, Osborne, Garrett & Co. Ltd., [1940] 1 All E.R. 174 (K.B.), refd to. [para. 12].

Phillips v. Ford Motor Co. of Canada Ltd. (1970), 12 D.L.R.(3d) 28, refd to. [para. 12].

Murray v. Sperry Rand Corp. et al., 23 O.R.(2d) 456, refd to. [para. 14].

Heilbut Symons & Co. v. Buckleton, [1913] A.C. 80, refd to. [para. 14].

Stein v. Lehnert, [1963] S.C.R. 38; 40 W.W.R. 616; 36 D.L.R.(2d) 159, refd to. [para. 14].

Statutes Noticed:

Sale of Goods Act, R.S.S. 1978, c. S-1, sect. 16 [para. 6].

Authors and Works Noticed:

Waddams, Products Liability, p. 16 [para. 14]; 37 [para. 10].

Counsel:

B.J. Rourke, for the plaintiff;

K.J. Ford, for the defendant, Saskatoon Drug and Stationery Company Limited;

R.H. McKercher, Q.C., for the defendant third party, T.C. Distributors (1970) Ltd.

This case was heard by SIROIS, J., of the Saskatchewan Court of Queen's Bench.

The judgment of SIROIS, J., was delivered at Saskatoon, Saskatchewan, on April 28, 1980.